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Encrypted Communications Platforms

Constitutional Court, Italy

Italy

CORTE COSTITUZIONALE n. 170, 27 JULY 2023

Constitutional Protection of Encrypted Communications: The Italian Court's Ruling on Instant Messaging Evidence

The Italian Constitutional Court recognizes the nature of "communicative" evidence for all types of instant messaging (chats).
For the Constitutional Court, the methods by which the police obtain communication data are irrelevant. A message always constitutes communicative evidence, and therefore the fundamental principle of confidentiality of communications must always be respected.
From this point on, even the chats relating to the Encrochat and SkyEcc evidences were considered by Italian law to be "communications" and no longer simply "documents" and, therefore, subject to constitutional protection.


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